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CCJ Advice - Welcome Finance

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Evening Guys,

I have recently taken the task to clear up my credit file after my marriage ended, I got my equifax credit report and realised I had 2 CCJ's. I have paid one of them but I am confused as to what to do with the second one.

I contacted the courts and found out the 2nd CCJ is with Welcome Finance I took an unsecured loan back 9 years ago for £2000 which I do remember I ran into problems and never made payments back and have never been contacted by them or anyone else. Now the CCJ was granted in 2014 and is for £4500.

My questions are:

1. Now I am one for paying back what I owe but I see the company has closed down or something so what can I do with the CCJ?

2. Now I am not condoning this action at all but should I leave it well alone and not stir it up as it is near the 6 year mark to come off my report, if it does come off the report is the debt still active and can crop up on me later and if it does is it still enforceable to recover?

3. Could I contact the court and agree to pay the court a manageable figure per month to clear it off as I don't want it going to a debit company that will only add fees and so forth.

Cheers Guys
«1

Comments

  • fatbelly
    fatbelly Posts: 23,023 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    3. You can't pay the court.

    2. You can leave it alone and see who writes now that you have updated your credit report. The debt remains active indefinitely but it can only be enforced after 6 years by permission of the court. It may well be that Welcome have sold this debt.

    1. You can contact Welcome and find out how to pay it:

    Welcome Financial Services Ltd,
    Mere Way,
    Ruddington Fields Business Park,
    Ruddington,
    Nottingham,
    NG11 6NZ

    Switchboard Number: 0333 999 9505

    FSCS Customer Services: 0800 678 1100 or 0207 741 4100

    Customer Relations Email: info@wfs.co.uk
  • sourcrates
    sourcrates Posts: 31,639 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 3 October 2018 at 12:32AM
    Courts only hear cases and make judgments, you do not pay them, you pay the creditor.

    Gradually welcomes loan books will all be sold on to various debt purchasing companies, and they will get around to contacting you eventually.

    No further fees are added to judgement debts unless the original agreement allows them to do so.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • MrLow
    MrLow Posts: 7 Forumite
    Third Anniversary First Post
    Thanks for the reply.

    Another question I have is I was never aware of the CCJ till now and obviously there is charges and interest added before it went to CCJ stage.

    1. Could I get this CCJ set aside?
    2. If it was set aside I take it the CCJ will disappear from file but the debt will still be active with whoever has it and I still need to arrange to get it paid
    3. I was reading about the miss-sold PPI and illegal chargers/interest etc added so is it worth contacting to get the PPI sorted as I read in most cases that pretty much covers the original loan and use that to clear it or have I misread?

    Thanks for the help so far
  • sourcrates
    sourcrates Posts: 31,639 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    MrLow wrote: »
    Thanks for the reply.

    Another question I have is I was never aware of the CCJ till now and obviously there is charges and interest added before it went to CCJ stage.

    1. Could I get this CCJ set aside?
    2. If it was set aside I take it the CCJ will disappear from file but the debt will still be active with whoever has it and I still need to arrange to get it paid
    3. I was reading about the miss-sold PPI and illegal chargers/interest etc added so is it worth contacting to get the PPI sorted as I read in most cases that pretty much covers the original loan and use that to clear it or have I misread?

    Thanks for the help so far

    Do you have a good Defense to the claim, that would have a reasonable chance of success in court ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • MrLow
    MrLow Posts: 7 Forumite
    Third Anniversary First Post
    edited 3 October 2018 at 12:55AM
    Sorry for the ignorance but I have no knowledge of this set aside terms.

    Basically I had no knowledge of this CCJ till last month when I got my report, I never got court letters or letters from them.

    I had a relationship break down and I moved in with my parents and the ex went to live with her parents but I have no proof that I moved out the property until I went and rented a property with a new partner which I could prove as that is a registered as a linked address on my credit report.

    Can I contact the court and get the a copy of the original CCJ document as I don't know what address they used and of course I have no knowledge of the CCJ till now so I had no knowledge to defend it or even talk with Welcome about it,

    I don't have an issue paying the money but I cannot afford to pay it in one go, the other reason is I believe that I was miss-sold PPI and a loan that was for £2000 to now have doubled I am sure I can reduce.

    I just want to remove the CCJ as it is affecting my career from moving on
  • fwor
    fwor Posts: 6,863 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 3 October 2018 at 2:02AM
    MrLow wrote: »
    I moved in with my parents and the ex went to live with her parents but I have no proof that I moved out the property

    It doesn't matter whether you can prove that you moved or not. It's no defence if you moved but did not tell them about your new address, so you would need to prove that you informed them.

    If they addressed the papers to you at the last known address on their records but you had moved then you won't have a valid defence that you knew nothing about it.
  • fatbelly
    fatbelly Posts: 23,023 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    MrLow wrote: »
    1. Could I get this CCJ set aside?
    2. If it was set aside I take it the CCJ will disappear from file but the debt will still be active with whoever has it and I still need to arrange to get it paid
    3. I was reading about the miss-sold PPI and illegal chargers/interest etc added so is it worth contacting to get the PPI sorted as I read in most cases that pretty much covers the original loan and use that to clear it or have I misread?

    Thanks for the help so far

    1. You could apply. There is a National Debtline factsheet that explains the process. It costs £255 but there is remission for those on benefits or a low income. I do not know if you would be successful.

    2. If successful, the claim goes back to the pre-judgement stage, giving the court chance to examine your defence. If they find you are liable for the debt, the judgement is re-awarded. If the claim is struck out, that's usually the end of the matter as the debt would have been found unenforceable against you.

    3. Your rights to compensation and your rights to data access are not affected by the ccj. If you believe you were mis-sold ppi you should start the process now.

    https://debtcamel.co.uk/ppi-deadline-august-2019-plevin/
  • It’s down to you to update your creditors when you move.

    And you chose to bury your head with this particular one.

    So no you have no defender for a set aside.
  • MrLow
    MrLow Posts: 7 Forumite
    Third Anniversary First Post
    Thanks for the replies.

    I guess what I am asking is what is the best way for me to build a defence, knowing that I dd not receive any of the court papers nor have I been contacted by Welcome or a debt recovery company just to remove the CCJ and get the payments sorted so that long term the debt is paid.

    Cheers
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It doesn't appear you have a defence, unless there is something you haven't told us.
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